Decision 2021-01 of April 21, 2021 regarding the collection and control of statistical information required from credit institutions and other financial intermediaries

Decision 2021-01 of April 21, 2021 regarding the collection and control of statistical information required from credit institutions and other financial intermediaries THE GOVERNOR OF THE BANK OF FRANCE Having regard to Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions, Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank, Having regard to Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards, Having regard to Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 as amended, on Community statistics on balance of payments, international trade in services and foreign direct investment, Having regard to Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 on Community statistics on the structure and activity of foreign affiliates, Having regard to Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001, Having regard to Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union, Having regard to Regulation (EC) No 2157/1999 of the European Central Bank of 23 September 1999 concerning the powers of the ECB to impose sanctions, Having regard to Regulation (EC) No 1745/2003 of the European Central Bank of 12 September 2003 concerning the application of reserve requirements (ECB/2003/9), Having regard to Regulation (EU) No 1071/2013 of the European Central Bank of 24 September 2013 concerning the balance sheet of the monetary financial institution sector (recast) (ECB/2013/33), Having regard to Regulation (EU) No 1072/2013 of the European Central Bank of 24 September 2013 concerning statistics on interest rates applied by monetary financial institutions (recast) (ECB/2013/34), Having regard to Regulation (EU) No 1073/2013 of the European Central Bank of 18 October 2013 concerning statistics on assets and liabilities of investment funds (recast) (ECB/2013/38), Having regard to Regulation (EU) No 1075/2013 of the European Central Bank of 18 October 2013 concerning statistics on assets and liabilities of securitisation special purpose entities (recast) (ECB/2013/40), Having regard to Decision (EU) No 469/2010 of the European Central Bank of 19 August 2010 on non-compliance with statistical reporting obligations (ECB/2010/10),

Having regard to Guideline (EU) 2012/120 of the European Central Bank of 9 December 2011 on statistical reporting obligations established by the European Central Bank in the field of external statistics (ECB/2011/23), Having regard to the Monetary Agreement between the European Union and the Principality of Monaco of 29 November 2011, Having regard to the Monetary and Financial Code, in particular Articles L.141-5-1, L. 141-6, L. 631-1, L. 711-2, L. 712-4, L 712-5 and L. 712-7, Having regard to Decision No 2007-01 of 11 April 2007 of the Monetary Committee of the General Council regarding the collection of statistics for the compilation of the balance of payments and external position of France, the euro area and the European Community, Having regard to the Instruction of the Prudential Control and Resolution Authority No 2021-I-03 of 11 March 2021 regarding the implementation of the unified reporting of banks and similar entities (RUBA), Having regard to Instruction No 2015-I-19 of 2 October 2015 regarding the electronic signature of documents transmitted electronically to the ACPR (Banking sector), Having regard to the Recommendation of the Accounting Standards Authority No 2013-04 of 7 November 2013 regarding the format of consolidated accounts of banking sector entities prepared in accordance with international accounting standards, DECIDES
Article 1
Scope of reporting agents
The following are concerned by this Decision and referred to hereinafter as:
"Reporting Agents":
Resident or established agents in metropolitan France, and where applicable, in the overseas departments, in the overseas collectivities whose currency is the euro, in the French collectivities in the Pacific whose currency is the Pacific franc, as well as in Monaco, and who belong to the following legal categories:

• Credit institutions as defined in I of Article L. 511-1 of the Monetary and Financial Code;

• Credit institutions that are not MFIs, as defined by point 1) b of Article 4, paragraph 1 of Regulation EU No 575/2013 entering into force from 26 June 2021;

• Central bodies mentioned in Article L. 511-30 of the Monetary and Financial Code;

• Investment firms within the meaning of Article L. 531-4 of the Monetary and Financial Code as well as portfolio management companies within the meaning of Article L. 532-9 of the said Code;

• Branches of third-country investment firms within the meaning of Article L. 532-48 of the Monetary and Financial Code;

• Finance companies as defined in II of Article L. 511-1 of the Monetary and Financial Code excluding mutual guarantee companies (Articles L. 515-4 to L. 515-12 of the Monetary and Financial Code);

• Electronic money institutions as defined in Article L. 526-1 of the Monetary and Financial Code;

• The Caisse des dépôts et consignations (Article L. 518-2 of the Monetary and Financial Code);

• Payment institutions and account information service providers mentioned in Article L. 522-1 of the Monetary and Financial Code;

• Branches of credit institutions, investment firms, payment institutions or electronic money institutions, having their registered office in another Member State of the European Union or party to the Agreement on the European Economic Area, as mentioned respectively in the first paragraph of Articles L. 511-22 and L. 532-18-1 of the Monetary and Financial Code, in 1° of II of Article L. 522-13 of the Monetary and Financial Code and in I of Article L. 526-24 of the Monetary and Financial Code ("incoming European passport" in freedom of establishment);

• Mixed financial holding companies and parent companies of finance companies within the meaning of Article L. 517-1 of the Monetary and Financial Code;

• Mixed financial holding companies mentioned in Article L. 517-4 of the Monetary and Financial Code;

• Legal persons authorized to exercise the activities of safekeeping or administration of financial instruments mentioned in Article L. 542-1 of the Monetary and Financial Code (custodian account keepers);

• Collective investment undertakings:
  o Money market collective investment undertakings distributed according to the classification adopted by the Autorité des Marchés Financiers in accordance with Regulation (EU) 2017/1131 of the European Parliament and of the Council of 14 June 2017 on money market funds into four categories:

  • Constant Net Asset Value money market funds for public debt (CNAV);
  • Low volatility net asset value money market funds (LVNAV);
  • Short-term variable net asset value money market funds (VNAV);
  • Standard variable net asset value money market funds (VNAV);
    o Non-money market collective investment undertakings; o Alternative Investment Funds (AIFs) within the meaning of I of Article L. 214-24 of the Monetary and Financial Code.
    For the purposes of this Decision, all rights and obligations of reporting agents lacking legal personality are addressed to the persons legally authorized to represent them.
    Article 2
    Statistical reporting obligations
    Depending on their legal category and their place of establishment or residence, reporting agents provide the Bank of France with the statistical information defined by Annexes 1 to 6 of this Decision, which provide, by category of agents, the list of statements and their content and refer to the technical notes below, relating to the statements and their submission methods:
    1/ "Technical note on the collection and controls of statistical information for monetary policy and financial stability purposes"; 2/ "Technical note on the collection of data from Collective Investment Undertakings"; 3/ "Technical note on the collection of data from Securitisation Undertakings"; 4/ "Technical note on the collection of uses and resources by currency and country"; "Technical note on the collection of statistical information on cross-border operations of financial intermediaries for own account: transaction report of financial intermediaries to the Balance of Payments Department";

"Technical note on the monthly statistical reporting of investment firms on deposit-credit balances with non-residents"; "Technical note on the collection of Outwards-FATS from French banking groups"; "Technical note on the PROTIDE collection from custodian account keepers (CAH), non-CAH credit institutions, finance companies and non-CAH investment firms"; "Technical note on the statistical reporting of information on debt securities issuances by financial intermediaries"; "SHSG-FATS Technical note on the collection of security holdings and activity data of banking group establishments"; "Technical note on the submission methods for the semi-annual and triennial OTC survey"; "Technical note on the collection of international commitments from French banking groups"; "Technical note on the collection of off-balance sheet in foreign currencies"; "Information on the collection of Data Gaps information" made available for reporting banking groups; "Technical note on the statistical reporting of information on cross-border payment card operations by credit and payment institutions for the compilation of the balance of payments"; "Technical note on the collection of statistical information on cross-border payments by credit institutions and payment institutions for the account of clients: client payment statement"; 5/ Notice to credit institutions regarding mandatory reserves, in particular its Annexes 3 and 4; 6/ "IEDOM Technical note regarding the statistical reporting of information for establishments established or residing in the overseas departments and collectivities whose currency is the euro"; 7/ "IEOM Technical note regarding the statistical reporting of information for establishments established or residing in the overseas collectivities whose currency is the Pacific franc"; The aforementioned technical notes, information and notices define in particular the statistical information to be submitted and, where applicable, the technical submission methods and data quality requirements. Reporting agents comply with their obligations by referring to the most recently published relevant technical note by the Bank of France.
Article 3
Submission methods
The submission of statistical information defined in Article 2 of this Decision is carried out via electronic transmission through the OneGate portal or via secure channels according to the technical specifications necessary for their processing as defined by the Bank of France and, where applicable, by the ACPR. When requested, reporters identify themselves in their declarations using the Legal Entity Identifier (LEI). Reporting agents must designate correspondents authorized to respond to inquiries from the Bank of France and where applicable from the IEDOM and IEOM for each of the declarations concerning them. Once a year, reporting agents transmit their up-to-date organizational chart allowing to locate interlocutors within their hierarchical line and the organization of their establishment.
Article 4
Data quality expectations
The Bank of France and, within their respective scopes, the IEDOM and IEOM, verify the quality of data submitted by reporting agents, with regard in particular to minimum standards regarding accuracy and conformity to concepts, as defined in Article 5. For the purpose of controlling their quality, granular declarations, in particular on security holdings and issuances as well as on credits, are compared to relevant aggregated accounting statements. Where appropriate, the Bank of France, the IEDOM or the IEOM question reporting agents on the origin of developments that appear atypical to them. When anomalies are observed, the agent provides explanations on their origin within the shortest possible time frames and transmits if necessary a new set of corrected data to the depth requested. Reporting agents communicate upon the first request of the Bank of France, the IEDOM or the IEOM a detailed description of the methods, where applicable estimative, used to establish the declarations as well as any modifications that may have been made to them. In the event of a methodological change causing a temporal inconsistency, reporting agents provide retroactive data upon request by the Bank of France, the IEDOM or the IEOM. The Bank of France, or where applicable, the IEDOM and IEOM, may verify on site the accuracy of the information provided by reporting agents and may themselves collect on site the information that has not been communicated to them, without prejudice to the right of the European Central Bank to exercise these rights itself.
Article 5
Failures to comply with reporting obligations

1. Failures to comply with reporting obligations are constituted by the non-respect, by a reporting agent, of the minimum standards regarding transmission, data accuracy and conformity to concepts.
2. A reporting agent does not comply with the minimum standards regarding transmission if it does not declare the required data within the time limits set by the Bank of France or, where applicable, by the IEDOM or IEOM, or if it does not respect the technical declaration standards determined by them. These technical standards relate to the mode of transmission of declarations, their format and presentation as well as the identification of correspondents within the reporting agent.
3. A reporting agent breaches the minimum standards regarding accuracy if the data transmitted do not satisfy all accounting balance constraints, are not consistent over time or if the required data in both detailed and aggregated form do not present the expected degree of coherence.
4. A reporting agent does not respect the minimum standards regarding conformity to concepts for all failures that do not fall under the accuracy defined in the previous paragraph. This is in particular the case of non-respect of the definitions and classifications set by the technical notes cited in Article 2 of this Decision or when the reporter is unable to explain the breaks observed in the declared figures compared to those of previous period declarations.
   Article 6
   Serious misconduct
   Serious misconduct on the part of reporting agents is defined by the ECB in its Decision of 19 August 2010 mentioned above.
   For the purpose of establishing serious misconduct, the Bank of France or, where applicable, the IEDOM or IEOM, may request additional information from the reporting agent.
   Article 7
   Sanctions
   In the event of failures by reporting agents to comply with their statistical reporting obligations, the relevant texts referred to by this Decision, in particular those concerning the sanctioning power of the ECB, apply.
   Article 8
   Final provisions
   This Decision enters into force the day following its publication in the official bulletin of the Bank of France.
   It applies to statistical submissions made from January 31, 2022, at which date are repealed the Decision of the Governor of the Bank of France No 2014-01 regarding the collection and control of statistical information for monetary policy purposes, the Decision of the Governor of the Bank of France No 2010-03 regarding the statistical reporting of information on cross-border payment card operations by credit and payment institutions for the compilation of the balance of payments and Decision No 2009-04 of the Governor of the Bank of France regarding the statistical reporting of information by financial intermediaries for the establishment of the balance of payments and external position. Made in Paris, on April 21, 2021 The Governor of the Bank of France, François VILLEROY de GALHAU

Annex 1 relating to data submitted for monetary and financial stability statistics

1. Reporting population
   The reporting population consists of financial institutions residing or established in metropolitan France, in the overseas departments, in the overseas collectivities whose currency is the euro, as well as in the Principality of Monaco, and belonging to the following sets:

• Financial institutions listed on the list of monetary financial institutions (MFIs) other than central banks and money market collective investment undertakings, including, where applicable, the branches of these institutions operating under incoming European passport:
• Credit institutions as defined in I of Article L. 511-1 of the Monetary and Financial Code.
• Finance companies as defined in II of Article L. 511-1 of the Monetary and Financial Code excluding mutual guarantee companies (Articles L. 515-4 to L. 515-12 of the said Code);
• Electronic money institutions, as defined in Article L. 526-1 of the Monetary and Financial Code;
• Caisse des dépôts et consignations (Article L. 518-2 of the Monetary and Financial Code);
• Credit institutions that are not MFIs, as defined by point 1) b of Article 4, paragraph 1 of Regulation EU No 575/2013 entering into force from 26 June 2021.

2. Data submitted by reporting agents listed on the list of monetary financial institutions excluding money market collective investment undertakings and subject to the production of monetary statistical information
   Among the reporting agents, are identified:

• Regarding balance, valuation, and apparent interest rate data:
• Establishments subject to monthly submission: these establishments are selected each year by applying submission thresholds fixed by the Technical note on the collection and controls of statistical information for monetary policy and financial stability purposes provided for in Article 2 of this Decision. The list of these establishments is published on the Bank of France website.
• Other establishments: these are establishments from the reporting population that do not belong to the group subject to monthly submission.
• Regarding rate data on new contracts:
• Establishments subject to the submission of rate data on new contracts: these establishments are selected according to a procedure aimed at constituting a representative sample. The list of selected establishments is published on the Bank of France website.

a) Data defined specifically by the Bank of France for the needs of monetary and financial statistics:

• monthly periodicity data, submitted at D+10 by establishments subject to monthly submission (balance and valuation data)
  TABLES DESIGNATIONS RUBA CODES
  M_SITMENS Activity by categories of operations RB.11.01 M_AGENTnR Operations with non-resident clients RB.12.01 M_CLIENRE Operations with resident clients RB.13.01 M_CLIENnr Operations with non-resident clients EMU zone RB.14.01 M_PENLIVR Securities lent in repurchase agreements RB.15.01 M_OPETITR Securities portfolio and issued securities RB.16.01 M_CREDOUT Impairment on doubtful debts RB.17.01 M_CREANCE Write-offs and sales of debts RB.18.01 M_LIGNCRE Credit lines RB.19.01 M_TITTRAN Detail of trading securities portfolio N/A M_CASHPLG "Cash pooling" balances RB.71.01 Among establishments subject to monthly submission, only those whose cash-pooling deposit or credit balance exceeds 500 million euros must submit the M_CASHPLG statement.
• monthly periodicity data, submitted at D+10 business days by establishments subject to monthly submission, and quarterly periodicity data, submitted at D+25 calendar days by establishments not subject to monthly submission
  TABLES DESIGNATIONS RUBA CODES
  M_CESSCRE Balance of sold debts RB.20.01
• monthly periodicity data, submitted at D+14 by establishments subject to monthly submission (apparent interest rate data)
  TABLES DESIGNATIONS RUBA CODES
  M_INTENCO Elements for calculating the apparent interest rate on balances with clients RB.26.01 M_INTDEPO Elements for calculating the apparent interest rate on deposits RB.27.01
• monthly periodicity data, submitted at D+14 by establishments subject to submission of interest rate data on new contracts
  TABLES DESIGNATIONS RUBA CODES
  M_INTNOUA Aggregated interest rates on new contracts RB.28.01

1 An additional period of two days may be granted to central bodies performing an aggregated submission of statistical declarations of credit institutions affiliated with them.

• quarterly periodicity data, submitted at D+18 after the end of the 1st month of the quarter by establishments subject to submission of interest rate data on new contracts
  TABLE DESIGNATION RUBA CODES
  M_CONTRAN Quarterly Census of New Contracts by Counter N/A
• quarterly periodicity data, submitted at D+10 by establishments subject to monthly submission
  TABLE DESIGNATION RUBA CODES
  M_ELECTRO Electronic money balances RB.21.01
• quarterly periodicity data, submitted at D+14 by establishments subject to monthly submission
  TABLE DESIGNATION RUBA CODES
  M_FLUDINT Quarterly interest flows RB.29.01
• quarterly periodicity data, submitted at D+30 calendar days after the end of the 1st month of the quarter, by establishments subject to monthly submission
  TABLE DESIGNATION RUBA CODES
  M_APULRES Credits to public administrations RB.48.01 M_CATRESI Hybrid time deposit accounts RB.49.01
• quarterly periodicity data, submitted at D+12 by establishments subject to monthly submission (at D+25 by other establishments subject to submission of the TITRE_PTF table)
  TABLES DESIGNATIONS RUBA CODES
  M_TITPRIM Securities portfolio (market value) RB.24.01 M_TITVALC Securities portfolio excluding trading securities (accounting value) RB.25.01
• semi-annual periodicity data, submitted at D+252 by establishments performing hire-purchase operations and similar operations
  TABLE DESIGNATION RUBA CODES
  M_CREBAIL Hire-purchase operations and similar operations RB.46.01
• data